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Case Number: 13-0034

05/01/2014
Filing - Appearance

Additional Appearance of the Illinois Power Agency, filed. (mailed by USPS - no date noted)

01/14/2014
Service - Administrative Law Judge Ruling

Notice given of the following ruling by the Administrative Law Judge with respect to the Verified Motion to Preserve Confidential Designation of Certain Documents (“Motion”), filed by FutureGen Industrial Alliance, Inc. (“FutureGen”), and the Supplemental Motion filed by FutureGen: As indicated in a prior ruling and in FutureGen’s Supplemental Motion, the “confidential” versions of the exhibits to the Motion contain redactions, and the public versions are essentially placeholders. If the Illinois Power Agency – or any party other than FutureGen -- has objections to a filing with the Commission -- by FutureGen -- of an unredacted confidential version of the documents for which confidential treatment is sought in FutureGen’s Motion, and a public version in which only the information claimed to be confidential has been redacted, the due date for the filing of such objections is January 24, 2014. The information identified as confidential in any unredacted confidential versions filed with the Commission will be treated as confidential pending an order by the Commission. Notice served electronically.

10/03/2013
Service - Commission Action

Notice of Commission Action served electronically to parties advising of the action of the Commission on October 2, 2013.

10/03/2013
Service - Commission Action

Notice of Correction of Commission Action served electronically to parties advising of the action of the Commission on October 2, 2013.

10/03/2013
Service - Administrative Law Judge Ruling

Notice given of the following ruling by the Administrative Law Judge with respect to the Verified Motion to Preserve Confidential Designation of Certain Documents, filed by FutureGen Industrial Alliance, Inc. (“FutureGen”) on September 13, 2013, and the Supplemental Motion filed by FutureGen on September 24, 2013: The due dates for the filing by Parties of responses to the motions, and replies to responses, are October 15, 2013 and October 22, 2013, respectively. Use by a Party of a single response to respond to both motions is permitted. Notice served electronically to parties.

10/02/2013
Commission Action - General

10/02/2013
Commission Action - General

Correction - The Commission in conference, on Its OWn Motion, Reopened the Proceeding in order to consider FutureGen Industrial Alliance, Inc.'s Verified Motion to Preserve Confidential Designation of Certain Documents filed on September 13, 2013.

09/24/2013
Filing - Motion

09/17/2013
Service - Administrative Law Judge Ruling

Notice is hereby given of the following ruling by the Administrative Law Judge with respect to the Verified Motion to Preserve Confidential Designation of Certain Documents (“Motion”) filed on September 13, 2013 by FutureGen Industrial Alliance, Inc. (“FutureGen”):The “public versions” of Exhibits 1, 2 and 3 to the Motion that were filed on e-Docket appear to be placeholders, rather than redacted copies of the documents. The “confidential” versions of the exhibits appear to contain redactions.FutureGen is given leave to file an amended or revised motion within seven days clarifying the above.This ruling does not reach the question of whether the Motion is otherwise appropriate, and no presumptions are created with respect thereto. Notice served electronically to parties.

09/16/2013
Service - Appeal

Copy of Notice of Appeal and Certified Orders mailed to the Office of General Counsel, Illinois Commerce Commission, Attn: Mary Stephenson-Schroeder. Letter only mailed to the Honorable Lisa Madigan, Attorney General, State of Illinois.

06/27/2013
Service - Order

06/26/2013
Order Entered - Final

06/24/2013
Filing - Response

Responses to Questions from Commissioner McCabe on behalf of the Illinois Power Agency, filed. (Electronic)

06/17/2013
Service - Administrative Law Judge Ruling

Notice is hereby given of the attached document from Commissioner McCabe, dated June 17, 2013, “Subject: Questions for Parties in Docket No. 13-0034.” Responses shall be filed with the Commission, and shall be served on other Parties and the Administrative Law Judge on the date of filing. Notice served electronically to parties.

05/15/2013
Briefs - On Exceptions

05/08/2013
Service - Proposed Order

Proposed Order served electronically to parties.

05/06/2013
Filing - Reply

Staff of the Illinois Commerce Reply to Response to Staff Motion for Leave to File Supplemental Reply Comments or in the Alternative to Strike Portions of the Reply Comments of the FutureGen Industrial Alliance, filed. (Electronic)

05/06/2013
Filing - Response

05/02/2013
Filing - Response

Response of the FutureGen Industrial Alliance, Inc. to the Motion of Staff of the Illinois Commerce Commission to Strike and to File Supplemental Response Comments, filed by Husch Blackwell LLP. (Electronic)

05/01/2013
Service - Administrative Law Judge Ruling

Notice given of the following scheduling ruling by the Administrative Law Judge with respect to the “Staff of the Illinois Commerce Commission Motion for Leave to File Supplemental Reply Comments or in the Alternative to Strike Portions of the Reply Comments of the FutureGen industrial Alliance” (“Motion”): The due dates for the filing of any responses to the Motion, and any replies to responses, are May 3, 2013 and May 6, 2013, respectively. Notice served electronically to parties.

04/30/2013
Filing - Motion

Staff of the Illinois Commerce Commission Motion for Leave to File Supplemental Reply Comments or in the Alternative to Strike Portions of the Reply Comments of the FutureGen Industrial Alliance, filed. (Electronic)

04/30/2013
Service - Administrative Law Judge Ruling

Notice given of the following procedural scheduling ruling by the Administrative Law Judge:On page 19 of the Initial Comments filed by the Illinois Commerce Commission Staff (“Staff”), certain numbers are treated as confidential. If FutureGen Industrial Alliance, Inc. or any other Party believes these numbers appearing in Staff’s Initial Comments should be treated as confidential, the date for filing a response to this ruling -- providing specific legal reasons why such treatment should be afforded, and, with respect to each such number, indicating whether or not the numbers are already available to the public through other sources -- is May 6, 2013. Notice served electronically to parties.

04/24/2013
Filing - Comments

Reply Comments of Ameren Illinois Company, filed. (Electronic)

04/24/2013
Filing - Comments

Verified Reply Comments on behalf of the Illinois Power Agency, filed. (Electronic)

04/03/2013
Filing - Notice

04/03/2013
Service - Administrative Law Judge Ruling

Notice given of the following procedural ruling by the Administrative Law Judge with respect to the Motion to Extend Procedural Schedule (“Motion”), filed on April 2, 2013 on behalf of FutureGen Industrial Alliance, Inc. (“Movant”): As requested by Movant, the due dates for filings currently scheduled for April 3 and April 17, 2013 are extended to April 10 and April 24, 2013, respectively. In other respects, the provisions of the ruling issued March 7, 2013 remain in effect. Notice served electronically to parties.

04/02/2013
Filing - Motion

04/02/2013
Service - Administrative Law Judge Ruling

Notice given of the following scheduling ruling by the Administrative Law Judge with respect to the Motion to Extend Procedural Schedule (“Motion”), filed on behalf of FutureGen Industrial Alliance, Inc.: The due date for the filing of any responses to the Motion, and for serving copies of responses on other Parties and on the Administrative Law Judge is 12:00 P.M. on April 3, 2013. Notice served electronically to parties.

03/21/2013
Service - Administrative Law Judge Ruling

Notice given of a ruling by the Administrative Law Judge that the “Motion for Entry of a Protective Order” (“Motion”) filed on behalf of FutureGen Industrial Alliance, Inc. (“FutureGen”) is hereby granted except as provided below:Paragraphs 4 and 21: The Office of the Attorney General (“OAG”) has not intervened in this proceeding. Provisions relating specifically to the OAG are not adopted at this time. Paragraph 8(a): The phrase “served only on the Commission” is somewhat unclear. Confidential versions of the documents containing Confidential Information shall be served only on applicable Commission employees and the attorneys for the parties granted access to the Confidential Information. The phrase “be sealed and” is not adopted as part of this ruling. Paragraph 9: The procedures addressed in this paragraph will not be determined in this ruling.Paragraphs 11 and 12: With respect to documents that are part of the Commission’s record, the period of protection is two years from the date of this ruling, and this ruling will not dictate the specific manner or procedures to be used by the Commission in affording protection to the documents. A longer period may be requested, if supported by a showing of good cause.Paragraph 20: The phrase “Other than as set forth in the preceding sentence” is not adopted as part of this ruling. Paragraph 23: Terms regarding “liability for damages and penalties” and a party’s “right … to pursue all legal and equitable remedies” are not adopted as part of the protective order. Whether such terms are otherwise appropriate as between the parties is a question that is not reached in this ruling. Paragraph 24: Designations of information as Confidential or Confidential and Proprietary shall be made in good faith. Blanket designations made without consideration of the nature of the specific information being designated shall not be utilized. Whether other terms in Paragraph 24 are appropriate as between the parties is a question that is not reached in this ruling. The provisions in the Commission’s Rules of Practice, such as those governing the submission of public redacted versions, and the identification on the proprietary copy of the specific information that has been claimed to be confidential, remain fully applicable. This ruling does not purport to interpret or enforce 220 ILCS 5/4-404 or 5/5-108.This ruling does not purport to preclude the Commission’s Clerk’s Office from using its normal procedures in the handling and protection of confidential or proprietary documents on e-Docket or otherwise. Parties may seek modifications or clarifications of this ruling. This ruling may be modified where deemed appropriate. It is also noted that the 14-day response period in the Commission’s Rules of Practice was not modified by ruling, and thus was applicable, and no parties filed any objections to the Motion within that period or within 14 days after issuance of the procedural ruling on March 7, 2013. Accordingly, issuance of a ruling at this time is appropriate. It is also observed that in its Comments filed March 20, 2013, FutureGen stated that in advance of the issuance of a ruling on the motion for entry of a protective order, it has made the confidential Cost Report available to all parties who agreed to observe the provisions of the draft version of the protective order, and that FutureGen did in fact provide the Cost Report to those parties who requested the Cost Report and agreed to observe the terms of the draft protective order. Parties advised electronically.

03/20/2013
Filing - Comments

Verified Comments on behalf of the Illinois Power Agency, filed. (Electronic)

03/08/2013
Filing - Agreement

03/07/2013
Service - Administrative Law Judge Ruling

Notice given of the following procedural ruling by the Administrative Law Judge: With respect to the filings proposed in the Motion to Adopt Procedural Schedule filed March 6, 2013, all filings proposed for March 8, March 20, April 3 and April 17, 2013 are adopted for scheduling purposes in this proceeding. New issues shall not be raised in Response or Reply Comments. The relief sought in the “Motion for a Paper Hearing” filed March 6, 2013 is granted. This ruling does not reach the question of whether a hearing would be required absent such a motion and ruling. The above-referenced filings shall be made with the Commission, and shall be served on other Parties and (in Word format) on the Administrative Law Judge. Further procedural rulings will be issued as appropriate. Notice served electronically to parties.

03/01/2013
Filing - Motion

03/01/2013
Service - Administrative Law Judge Ruling

Notice given of the following procedural ruling by the Administrative Law Judge: Filing(s) shall be made on or before March 6, 2013, or on such other date as is agreed upon by to the Parties. These filings shall:(1) Identify substantive and procedural issues that have been resolved. (2) With respect to issue lists filed on January 30, 2013, identify (a) unresolved substantive issues for which there is not disagreement over whether such issues are within the proper scope of this proceeding, and (b) unresolved substantive issues for which there is disagreement over whether such issues are within the proper scope of this proceeding. Joint filings from multiple parties, or a single filing from one Party that is intended to identify the above issues on behalf of other Parties, are encouraged. The above-referenced filing(s) shall be made with the Commission, and shall be served on other Parties and (in Word format) on the Administrative Law Judge. Further rulings will be issued as appropriate. Notice served electronically to parties.

03/01/2013
Service - Administrative Law Judge Ruling

Notice given of the following supplemental procedural ruling by the Administrative Law Judge:The filing of an unopposed motion for the adoption of a consensus procedural schedule on March 6, 2013, instead of the March 6, 2013 filings specified in the original March 1, 2013 procedural ruling, will be permitted. The above-referenced filing(s) shall be made with the Commission, and shall be served on other Parties and (in Word format) on the Administrative Law Judge. This ruling creates no presumptions with respect to whether or to what extent the unopposed motion will be granted. Any further proposals for modification of the procedural rulings should be made in the form of a motion. Further rulings will be issued as appropriate. Notice served electronically to parties.

02/11/2013
Filing - Response

02/01/2013
Service - Administrative Law Judge Ruling

Notice given of the following procedural ruling by the Administrative Law Judge: The Initiating Order directed that parties submit issue lists and appropriate docket timeframes. Pursuant thereto, filings were made on January 30, 2013 by the following: Illinois Power Agency (“IPA”); Ameren Illinois Company d/b/a Ameren Illinois (“Ameren Illinois”); Staff of the Illinois Commerce Commission (“Staff”); FutureGen Industrial Alliance, Inc. (“FutureGen”); Commonwealth Edison Company (“ComEd”); and the Illinois Competitive Energy Association (“ICEA”).All the filers submitted issue lists. All the filers also submitted suggested docket timeframes, except for the ICEA. The suggested schedules submitted by ComEd, Ameren and Staff are essentially the same.In its suggested schedule, the IPA recommends that “FutureGen circulates a Word version of the Sourcing Agreement attached to its Reply Brief on Exceptions in ICC Docket No. 12-0544, as modified by the Commission’s Final Order (if at all) as soon as possible (Suggested date: 2/6/13).” This recommendation appears to be an appropriate means of advancing the proceeding and it is approved. Staff, ComEd and Ameren Illinois recommend that “Responses to Issues List[s] with optional redline to any Sourcing Agreement Drafts (Redlines are to the 11/21/2012 Sourcing Agreement attached to FutureGen’s BOE in Docket No. 12-0544)” be filed on February 11, 2013. This recommendation appears to be an appropriate means of advancing the proceeding and it is approved. In its filing, FutureGen proposes that it submit an “estimate of pre-approved capital costs” on February 19, 2013. The suggestion is approved.All the suggested docket timeframes include one or more workshops to be conducted in February, primarily to openly discuss issues and to narrow or reduce contested issues. It appears that workshops would be helpful in clarifying and potentially resolving issues. Accordingly, workshops shall be held on February 20 and February 27, 2013 as proposed by Staff, ComEd and Ameren Illinois, or on such other dates and locations as are agreeable to Parties. The first workshop should also be used to attempt to resolve any remaining differences over proposed scheduling; prior to that, Parties are encouraged to work with each other to attempt to resolve any such differences. The Administrative Law Judge will not preside over, or participant in, these workshops. The above-referenced filings shall be made with the Commission, and shall be served on other Parties and on the Administrative Law Judge.Further rulings will be issued either before or after the workshops, as appropriate. Parties advised electronically.

01/30/2013
Filing - Request

Proposed Issues List and Suggested Schedule on behalf of the Illinois Power Agency, filed. (Electronic)

01/25/2013
Filing - Petition to Intervene

01/22/2013
Service - Administrative Law Judge Ruling

Notice given of the following procedural ruling by the Administrative Law Judge: The issue lists and appropriate docket timeframes to be submitted by Parties to this proceeding, pursuant to the Initiating Order, shall be filed with the Commission on or before January 30, 2013. Copies thereof shall be served on other Parties and (in Word format) on the Administrative Law Judge on the date of filing. Notice served electronically to parties.

01/22/2013
Filing - Petition to Intervene

Verified Petition to Intervene on behalf of the Illinois Power Agency, filed. (Electronic)